Motion to Approve or Confirm Settlement in Grimes, Caidan vs. Fischer, Alan et al| Trellis.Law

On July 08, 2020 a Order was filed involving a dispute between Grimes, Caidan, and Fischer, Alan, Fischer Concrete, for (23) Unlimited Other PI/PD/WD in the District Court of Butte County.

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2/26/2021 Mc.351
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER2282872 FOR COURT USE ONLY
Rineer
NAME=Alleqra
FIRM
NAMEThe Torkzadeh Law Firm
STREET ADDRESS218650MacArthur Blvd. Ste. 300
STATE: C A ZIP000392612
Irvine
TELEPHONEN0.:310_g35_1111
EMAIL ADDRESS:
FAX NO.:
F Superior Court of California F
alleg ra@torkIaW.00m I
County of Butte I
ATTORNEY FOR (NemWCaidanGrimes
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
03
L
STREET ADDRESSd 775 Concord Ave. E MAR 2021
E
MAILING
ADDRESS:Same
CITY AND ZIP CODEChICO 95928
D K. I: e r.Clerk D
BRANCH NAMECIVII By Deputy
CASE NAME:
Grimes v. Fischer, et al.
CASE NUMBER:
ORDER APPROVING COMPROMISE OF CLAIM OR ACTION 200,013”
OR DISPOSITION OF PROCEEDS OF JUDGMENT HEARINGwe. new.
FOR MINOR OR PERSON WITH A DISABILITY March 3‘ 2021 9am

1. Hearing
a. E No hean'ng was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court.
b. A hean‘ng was held: Date: March 3. 2021 Time: 9am Dept:
c. Judicial ofﬁcer.

2. Petitioner (name or pseudonym‘): Sean Grimes
is the (check all relationships or representative capacities that apply): parent guardian ad litem"
E guardian E conservator D other (speciijI):
of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed claim or pending
action or the disposition of the proceeds of a judgment for a minor or a person with a disability.
(*Petitioner was appointed guardian ad litem under a pseudonym. (See Code Civ. Proc., § 372.5. ))

3. Claimant (name): Caidan Grimes
a. E is a minor.
b. is a "person with a disability" within the meaning of Probate Code section 3603 who is:
(1) E An adult. Claimant's date of birth is
(specify):
(2) E A minor described in Probate Code section 3603(b)(3).

4.\ Defendant
The claim or action to be compromised or settled is asserted, or the judgment is entered, against (name of settling or judgment
defendant or defendants (the "payer")):
Alan Fischer

THE COURT FINDS
5. E Notice has been given as required by law.

6. a. E The claimant is an adult who has the capacity to consent to this order within the meaning of Probate Code section 812 and
does not have a conservator of the estate. The claimant has given express consent to this order.
b. The claimant's consent to this order is not required because the claimant is a minor, a conservatee, or a person who lacks
the capacity to consent to the order within the meaning of Probate Code section 812.

Page10H

Efﬁgdgggiddj°gfgig$§mUw ORDER APPROVING COMPROMISE 0F CLAIM 0R ACTION Pmbggdgog‘eﬂ 3332363313;
M0351[Rev.January1.2021] OR DISPOSITION 0F pROCEEDS 0F JUDGMENT Cal. Rules orCourt rules 3.1384. 7.953
WWW.COUI1$.C&90V

Electronically Filed
FOR MINOR OR PERSON WITH A DISABILITY
MC-351
CASE NAME: CASE NUMBER;
Grimes v. Fischer, et al. 200V01321

THE COURT ORDERS x

6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the proceeds of the judgment, is
approved. The gross amount or value of the settlement or judgment in favor of claimant is:
$ 125000 .

7. Until further order of the court, jurisdiction is reserved to determine a claim for a reduction of a Medi—Cal lien under Welfare
and institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services in item 83(4)
of this order is the full amount of the lien claimed by the department but is subject to reduction on further order of the court
upon determination of the claim for reduction.

8. The payer must disburse the proceeds of the settlement orjudgment approved by this order in the following manner:
a. Payment of fees and expenses
Fees and expenses shall be paid by one or more checks or drafts drawn payable to the order of the petitioner and the
petitioner's attorney, if any, or directly to third parties entitled to receive payment identiﬁed in this order for the following items of
expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement orjudgment:

(1) Attorney's fees in the total amount of: $ 41666.66 payable to (specify):
The Torkzadeh Law Firm

(2) Reimbursement for medical and all other expenses paid by the petitioner or the petitioner's
attomey in the total amount of: $ 2692.94

(3) Medical, hospital, ambulance, nursing, and other similar expenses payable directly to
providers as follows. in the total amount of: $ 1000

(a) Payee (name): Coastal Medical Group
(i) address;
12264 El Camino Real, Ste. 101
San Diego. CA 92130

Amount: $ 1000
(ii)

(b) Payee (name):
(i) address:

Amount: $
(ii)
Continued on Attachment 83(3). (Provide information about additional payees in the above format.)

(4) Other authorized disbursements payable directly to third parties in the total amount of: $ 397.38
(Describe and state the amount of each item and provide the name and address of each payee):
Department of Health Care Services

Continued on Attachment 8a(4).

(5) Total allowance for fees and expenses from the settlement orjudgment: $ 45756.98

MC—351[Rev. January 1, 2021] Page 2 of 4
ORDER APPROVING COMPROMISE OF CLAIM OR ACTION
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITY
MC-351
CASE NAME: CASE NUMBER:
Grimes v. Fischer, et al. ZOCVO‘I 321

8. b. Balance for claimant
The balance of the settlement or judgment available for claimant after payment of all allowed
fees and expenses is: $ 79243.023

The balance shall be disbursed as follows:
(1) By one or more checks or draﬂs in the total amount of (specify): $
drawn payable to the order of the petitioner in the petitioner's representative capacity. Each check or draft must bear
an endorsement on the face orreverse that it is for deposit in one or more interest-bearing. federally insured accounts
in the name of the petitioner in the petitioner's representative capacity. No withdrawals may be made from these
accounts ("blocked accounts") except as provided in the Order to Deposit Funds in Blocked Account (form M0355)
signed at the same time as this order.

(2) By the following method(s) (describe each method, including the amount to be disbursed by each):
See ATTACHMENT 8b2

Continued on Attachment 8b(2).

(3) Ifmoney is to be paid to a special needs trust under Probate Code section 3604, all statutory liens in favor of the state
Department of Health Care Services, the state Department of State Hospitals, the state Department of Developmental
Services, and any city and county in California must ﬁrst be satisﬁed by the following method
(specify):

Continued on Attachment 8b(3).

9. Further orders of the court concerning blocked accounts
The court makes the following additional orders concerning any part of the balance ordered to be deposited
in ablocked account
under item 8b(1):

a.‘\Mthin 48 hours of receipt of a check or draft described in item 8b(1), the petitioner and the petitioner's attorney, if any, must
deposit the check or draft in the name of petitioner in the petitioner‘s representative capacity in one or more blocked accounts at
(specify name, branch, and address of each depository, and the amount of each account):

h if
‘ '0
Continued on Attachment 9a.

MC—351 [Revt
January
1. 2021] Page 3 014
ORDER APPROVING COMPROMISE OF CLAIM 0R ACTION
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITY
MC-351
CASE NAME: CASE NUMBER:
Grimes v. Fischer, et al. ZOCVO1321

9. b. The petitioner and me petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of the
Order to Deposit Funds in Blocked Account (form MC-355). which is signed at the same time as this order, and three copies of
the Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account (form MC-356). The petitioner or the
petitioner’s attorney must ﬁle a copy of the receipt with this court within 15 days of the deposit. The sole responsibilities of the
petitioner and the petitioner’s attorney, if any, are to place the balance in a blocked account or accounts and to ﬁle a copy of the
receipt on time.
c. The balance of the proceeds of the settlement orjudgment deposited in a blockedaccount or accounts under item 8b(1) may be
withdrawn only as follows (check ( 1) or (2)):

(1) No withdrawals of principal or interest may be made from the blocked account or accounts without a further written
order under this casename and number, signed by a judicial ofﬁcer, and ﬁle-stamped by this court. The money on
deposit is not subject to escheat.
(2) The blocked account or accounts belong to a minor, who was born on (date):
No withdrawals of principal or interest may be made from the blocked account or accounts without a further written
order under this casename and number, signed by a judicial ofﬁcer, and ﬁle-stamped by this court, until the minor
reaches 18 years of age. When the minor reaches 18 years of age, the depository, without further order of this court,
is authorized and directed to pay by check or draft directly to the former minor, on proper demand, all funds, including
interest, deposited under this order. The money on deposit is not subject to escheat.

10. Authorization to execute settlement documents
The petitioner is authorized to execute settlement documents as follows (check only one):
a. On receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the petitioner is
authorized and directed to execute and deliver to the payer (1) a full, complete, and ﬁnal release and discharge of any and
all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant
injuries to the claimant and (2) a properly executed dismissal with prejudice.
b. The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of
the settlement
c. The petitioner is authorized and directed to
(specify):

Continued on Attachment 10c.

11. Bond is ordered and ﬁxed in the amount of: $ not required.

12. A copy of this order must be served on the payer immediately.

13.: Additional orders
The court makes the following additional orders (specify):

Continued on Attachment 13.

Date: m
.;
oa m
ST ATTACHMENT

“035‘lReV~Ja""“W‘-2°2” ORDER APPROVING COMPROMISE or= CLAIM 0R ACTION ”“99“”
0R DISPOSITION OI= PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON wrTH A DISABILITY

Case Info

Judge

Stephen E. Benson Track Judge’s New Case

Case No.

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Document Filed Date

March 03, 2021

Case Filing Date

July 08, 2020

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Order: Grimes, Caidan vs. Fischer, Alan et al

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